Md. Mozib Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.573 of 2017 Arising Out of PS.Case No. -52 Year- 2016 Thana -MAHESHKHUNT District- KHAGARIA ======================================================
1. Md. Mozib Khan, Son of Kaphil Khan, resident of village - Salim Nagar, P.S. Mahesh Khunt, District - Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The petitioner prays for anticipatory bail in connection with Mahesh Khunt PS case no. 52 of 2016 registered for the offence punishable under section 376 and other sections of Indian Penal Code.
It is submitted on behalf of petitioner that so far allegations made in FIR is concerned, it is against one Imran Khan under section 376 and other sections of Indian Penal Code and there is nothing against this petitioner and inspite of that final form has been submitted against this petitioner and cognizance has also been taken against this petitioner.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.573 of 2017 (2) dt.18-01-2017 2/2 Having heard both sides. In view of the facts stated above and submissions advanced by learned counsel for petitioner, the bail application of petitioner is allowed and he is directed to be enlarged on provisional bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Mahesh Khunt PS case no. 52 of 2016 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with condition that he will cooperate in the investigation and shall appear before the police, as and when required, with further condition that once the chargesheet has been submitted in this case then petitioner shall surrender and make prayer for regular bail which shall be decided by the court concerned on the basis of materials available on the record.
(Vinod Kumar Sinha, J.) rinkee/- U T